LAWS(RAJ)-2020-11-90

PRADEEP KUMAR GURJAR Vs. STATE OF RAJASTHAN

Decided On November 03, 2020
Pradeep Kumar Gurjar Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Learned Public Prosecutor apprises this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), 1989 (for short "the Act of 1989") has been made in the present case.

(2.) The present appeal has been filed under Section 14-A(2) of the Act of 1989. The appellant has been arrested in connection with FIR No.281/2020 registered at Police Station Patan, District Sikar for the offence (s) under Section(s) 363 and 379 of IPC and Sections 3(2) (VA) of the Act of 1989.

(3.) It is contended by learned counsel for the appellant that in view of the statement of the prosecutrix recorded under Section 164 CrPC, it is apparent that he has falsely been implicated in this case. He submits that even if the prosecution story is taken to the face value, the prosecutrix has gone with the petitioner out of her free will and hence, offence under Section 363 IPC which is bailable, is made out against him and there is no allegation under the provisions of the Act of 1989. He further contended that the appellant is in custody since 24.09.2020, investigation as against him is complete, trial of the case will take time, he has no criminal antecedents and prays for his release on bail.